MANDAMUS REFUSED

Hokitika Guardian, 15 December 1928, Page 6

MANDAMUS REFUSED

ACTION AGAINST A MAYOR

AUCKLAND, Dec. Id

The trouble that has openly existed between the Mayor of Newmarket LMr >S. Donaldson) and a majority of the councillors for some six months past, leached the Supiomo Court yesterday. The plaintiffs in tiie case were George Krnes.t Smerdon, Deputy-May-or. and six other councillors. Tho .Mavor was the defendant.

Plaintiffs alleged that the Mayor without just cause, refused to accept a resolution (destined, so it was claimed by the applicants lor a mandamus, to deal with libellous statements in the

“Ratepayers’ Gazette”), moved in the council, and they sought a writ of mandamus directing him to accept the resolution and to put it. to the council. After bearing counsel fully, Mr •Justice K razor gave an immediate oral decision. The Mayor’s ruling, he said, was perfectly correct and a mandamus must be refused. The question ol costs was reserved.

Mr Nort licrol t, for the plaint ills, said I lie action was an application for a writ of mandamus ngainst Donaldson, requiring that in the perlormance of bis statutory duly as Mayor he should -uhmit himself t.o the decision ol the ...anoil instead of assuming the position of dictator ol the borough.